Terms of Service & License Agreement

END USER LICENSE CONTRACT

Version: June 2020

This agreement is between you (END USER) and MBYT Ltd (Istanbul Technical University Teknokent ARI-8 No:4 Sarıyer, Istanbul). Macrostatic is a brand owned by MBYT. By purchasing and using any Macrostatic Software you understand and agree to the following terms and conditions.

1. SCOPE AND DESCRIPTION OF SERVICES

By copying, installing, uploading, accessing or USING ALL OR ANY PORTION OF THE SOFTWARE END USER agrees to enter into this Contract. A contract is then formed between MBYT and either END USER personally, if END USER acquires the Software for itself, or the company or other legal entity for which END USER is acquiring the software.

If END USER does not agree or does not wish to bind itself or the entity END USER represents, do not download, copy, install, upload, access or use the Software, since both parties agree that licensed software is not a tangible property thus cannot be returned.

2. DEFINITIONS

• Computer: A single electronic device with one or more CPUs that accepts information in digital form and manipulates it for a specific result.
• Install: Placing a copy of the Software onto a storage medium.
• Software: The computer program that provides browser-supported and Internet-based use.
• User Documentation: Explanatory materials delivered with or in the Software (instructions, specifications, invoice).
• Credit: The usage units consisting of calculations (1 credit) and PDF reports (6 credits).
• Usage Limit: The credit limit defined by plan: Basic Plan (300 credits/monthly, 3600 credits/annual), Professional Plan (1500 credits/monthly, 18000 credits/annual), Team Plan (7500 credits/monthly, 90000 credits/annual).

3. END USER ACCOUNT

To use the Software, END USER shall create a dedicated user account on the website by providing a valid email address. MBYT reserves the right to downgrade professional accounts if END USER is in default of fees due.

MBYT strives to offer constant availability but cannot warrant uninterrupted access. Planned maintenance will be announced 3 days prior via email or the website.

4. SOFTWARE LICENSE & PROHIBITED ACTIONS

MBYT grants a non-exclusive, non-transferable, usage-limited license to use the Software. Accounts are designed for a SINGLE END USER only. Simultaneous logins or sharing will trigger automated lockouts and suspensions.

END USER shall not: sublicense, resell, decompile, reverse engineer, adapt, or integrate the Web API with third-party software. Exporting or using the Software in violation of local laws and sanctions is strictly prohibited.

5. LIABILITY DISCLAIMER & ENGINEERING WARNING

CAUTION: Software for structural analysis and engineering design are intended for trained professionals only. They are not substitutes for professional engineering judgment. The person using the Software is responsible for verifying the accuracy and reliability of all program outputs.

MBYT received no express or implied warranties. In no event shall MBYT or its licensors be liable for any direct, indirect, incidental, or consequential damages, loss of profits, data, or structural failure arising from calculations.

6. GOVERNING LAW & RESOLUTION

This Contract and any disputes arising out of it shall be governed by the laws of the Republic of Turkey, without reference to conflict-of-laws principles. Istanbul courts shall have exclusive jurisdiction.